Issues of Developing the Adversarial Principle at The Pre-Trial Stage of Criminal Proceedings
This article explores the theoretical and practical dimensions of implementing the adversarial principle at the pre-trial stage of criminal proceedings. The relevance of the study stems from the growing need to ensure procedural equality and the right to legal defense not only at the trial level but also during the inquiry and preliminary investigation phases. The research aims to analyze existing legal norms, identify procedural gaps, and assess opportunities for enhancing the rights of the defense. Utilizing comparative legal analysis, synthesis, deduction, and observation, the study examines both national legislation and international best practices. The findings demonstrate that the adversarial principle is insufficiently applied before trial due to the lack of procedural status for participants, limited defense counsel involvement, and imbalanced functions between investigative and prosecutorial authorities. The study suggests introducing institutional reforms, including judicial oversight mechanisms and expanded powers for defense attorneys, to ensure genuine adversarial proceedings throughout all stages of the criminal process. These findings can be applied in legal reform initiatives, judicial training programs, and policy-making aimed at aligning Uzbekistan’s criminal justice system with constitutional and international human rights standards. The research concludes that ensuring the adversarial principle at the pre-trial stage is essential for upholding fairness, transparency, and the rule of law.
Authors
- Seytnazarov Kurbanbay Reimbaevich
Publication Details
- Journal
- International Journal Of Law And Criminology
- Published
- 2025-05-01
- DOI
- https://doi.org/10.37547/ijlc/volume05issue05-03
- Citations
- 1
- Primary Topic
- Legal Education and Practice Innovations
- Type
- article
- Field-Weighted Citation Impact
- 15.98